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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34966
Experience:  16 yrs. of experience including family law.
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Our daughter-in-law has decided not to allow us to see our

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Our daughter-in-law has decided not to allow us to see our 3 grandchildren. I really don't know how my son feels about us seeing the children because they have been fighting over this issue. We have been seeing them since my son was stationed in Alaska. She harbors ill feelings towards me because they had the children taken away from them and I testified against them with OCS. They had about 2 inches of police reports on them. While I was there I witness them still fighting. I testified to that fact. I will not lie. Her mother did. Now they are stationed in Charleston, SC. We went up there to help them move when the landlord was having his foreclosed and they had to find a house to rent. My husband helped them move and painted the interior of the house. My son was then deployed and we were going up every month from Oct. to Dec. She can't drive. She told us we didn't have to come up anymore because she had a friend who could drive her around. Then she called me in MS and screamed at me because they owe us money. She said I said something that I did say about the money. Then she told me we could not see the children and we could not communicate with them on Facebook. My husband never had the joy of having a grandparent. Do we have a case to see our grandchildren from time to time. We don't to raise them. We have already raise our children.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

In South Carolina, grandparents’ rights are derivative of their child’s rights. This means that in typical circumstances, a grandparent may visit with a grandchild only when the grandparent’s child has custody (as when the parents are no longer married and there is a custody order in place).

The law is clear that parents have a protected liberty interest in the care, custody, and control of their children, and that this is a fundamental right protected by the Due Process Clause in the United States Constitution. The court must give "special weight" to a fit parent's decision regarding visitation. A court considering grandparent visitation over a parent’s objection must allow a presumption that a fit parent’s decision is in the child's best interest. So long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parents children. Camburn v. Smith, 355 S.C. 574, 586 S.E.2d 565 (2003).

What this means is that it is very difficult to get rights, to visit a child, over the objection of the if the parents are married and one objects, that is enough to prevent the visitation, in MOST cases.

There are exceptions. As I mention above, the court looks to if the parent is "fit"

So if there is evidence that the parent is not fit? The court can step in.

What you describe it sure sounds like the parents have some domestic violence issues.

If that is the case, if you can show that the parents are a danger to the child, the court can modify custody. So it may be that you can get time with the children, if you can show it is in their best interests.

Not easy to need to hire a lawyer in SC to file this with the court. And you have to prove the parents are not fit. But if you can the court can order custody and/or visitation to you

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